Why is it important for employers to have their staff screened against the Sex Offenders Register and Child Protection Register?

Screening staff against the sex offenders register and child protection register is important for legal compliance, protecting vulnerable individuals, and mitigating legal and reputational risks for employers. Laws require certain employers, like schools, sports clubs, religious institutions, crèches, ECD’s and care centres, to check if a potential employee is on these registers to ensure they don't have a history of sexual offenses or child abuse, which could make them a risk. Failure to do so can result in legal penalties for the employer, such as fines and imprisonment, and can cause significant damage to the organization's reputation. 

Legal compliance

• Statutory obligation: Laws like the Children's Act and the Criminal Law (Sexual Offences and Related Matters) Amendment Act make it a legal requirement for certain employers to screen staff who work with children or other vulnerable individuals.
• Penalties for non-compliance: Employers who fail to screen their staff risk legal penalties, including fines or even imprisonment, especially if an employee on the register goes on to commit a crime while on the job. 

Protection of vulnerable individuals

• Preventing harm: Screening helps prevent individuals with a history of sexual offenses or child abuse from being placed in positions where they could harm children or mentally disabled persons.
• Ensuring safety: It ensures that the people entrusted with the care of vulnerable individuals are suitable and can be relied upon to provide a safe environment. 

Mitigation of risk

• Liability: Employers can be held civilly and criminally liable if they fail in their duty of care and an employee causes harm to a child or vulnerable person.

Reputational damage: An incident involving a staff member with a history of offenses can cause long-term and severe damage to an organization's reputation, especially for those in the care sector.